Excelsior Correspondent
JAMMU, Aug 16: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi has stated that demarcated forest land cannot be diverted for non-forest use.
These observations were made by the DB in a Public Interest Litigation (PIL) filed by one Kuldeep Kumar Sharma against the Government Order No 354 FST of 2006 dated July 3, 2006 whereby 22 Kanal of forest land at Sunjwan had been allotted to a private respondent.
After hearing both the sides and going through the record, Division Bench observed, “it transpires that Assistant Settlement Officer in the year 1980 attested mutation of land measuring 22 kanals situated at village Sitilian owned by the private respondent in favour of Forest Department. The Settlement Officer in lieu of the piece of land directed exchange of an equal area of land situated at village Sunjwan in favour of private respondent”.
“However the land at Sunjwan could not be handed over to the private respondent as the land was already under the possession of Army as per the award made by Revenue Minister in the year 1980”, the DB said, adding “the plot in question is a part of Bahu Game Reserve as is evident from information conveyed by DFO Jammu vide his order dated August 9, 2011”.
Referring the judgment of the Supreme Court of India all the State Governments and their functionaries were directed to ensure that no part of demarcated forest is used for non-forest activities, DB observed, “order impugned in the PIL cannot stand on the touch stone of the law, rules and regulations applicable to allotment of any part of demarcated forest/ game reserve and for diverting such part to non-forest use”.
With these observations, the DB allowed the PIL and quashed the Government order dated July 3, 2006.
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